1st Church of Cannabis claims laws infringe on its religious freedom

1st Church of Cannabis claims laws infringe on its religious freedom

By Stephanie Wang, Religion News Service

Published 10:07 pm, Friday, July 10, 2015

Indianapolis

The First Church of Cannabis is suing Indiana, challenging state laws on marijuana as infringing upon religious beliefs. It contends cannabis is the church's sacrament and its members believe marijuana "brings us closer to ourselves and others."

"We invite the state of Indiana and all its leaders to joyfully meet us in a court of law for clarifications on our core religious values," said the church's founder, Bill Levin.

Under the state's new Religious Freedom Restoration Act, which took effect July 1, the government must prove it is enforcing a compelling interest in the least restrictive way if a person claims an undue burden on religious liberty. The church had its first service July 1 but said its members would not use cannabis after police warned they would arrest anyone who smoked pot. Gov. Mike Pence, Indianapolis Mayor Greg Ballard and Marion County Sheriff John Layton are among several other defendants in the lawsuit.

By filing its highly anticipated religious liberty claim Wednesday, the First Church of Cannabis has put the question everyone's been wondering about in the hands of the court:

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Is this a real religion? And does it have a protected right to practice legitimate beliefs?

Some legal experts remain skeptical that the church's challenge of Indiana's marijuana laws will survive for long in front of a judge. But the case focuses on some of the weighty complexities of religious liberty claims and raises lingering questions over how Indiana's new Religious Freedom Restoration Act can and can't be used.

"Is this a genuine religion, or is it a pretext?" said Indiana University law professor David Orentlicher. "Because you can imagine, with anyone who's using a controlled substance, we can't let them all say, 'It's my religion.' The court has to draw a line somewhere."

The Church of Cannabis contends that for its members cannabis is a religious sacrament that "brings us closer to ourselves and others. It is our fountain of health, our love, curing us from illness and depression," according to the lawsuit filed Wednesday. But state laws making marijuana illegal burden that practice of religion, the church says, putting its members in danger of prosecution for using their sacrament.